JUDGMENT :

1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (“the Act” for short) is filed by the original claimants challenging the judgement and award dated 09/05/2007, passed by the Motor Accident Claims Tribunal, (Main), Patan in Motor Accident Claims Petition No.5640 of 2002, wherein claim petition filed by the original claimants came to be allowed in part and compensation of Rs.3,62,000/- was awarded with running interest at the rate of 7.5 % per annum from the date of filing of the claim petition till its realization. In relation to negligence, tribunal has held driver of truck No.RJ-27-G-2283 as sole negligent for occurrence of the accident.

2. Short facts, arising from the record, are as under:

2.1. On 11/09/1998, Sodha Savaisinh Chamansinh was standing on kachha road of Highway, near Sabdalpura Taluka: Radhanpur, District: Patan, where he was working as security guard. At that time, truck bearing registration No.RJ-27-G-2283 came in rash and negligent manner from Radhanpur side and dashed with Savaisinh (hereinafter referred to as “the deceased”), for whi